New Government Public Works Contracts introduced earlier this year have significant legal implications for public sector employers and contractors alike, and must be considered seriously, according to a recent seminar on the subject at Matheson Ormsby Prentice.

The much debated Public Works Contracts, which came into effect in February this year, have meant that all Government funded infrastructural projects instigated from February onwards are required to be let on the basis of the new forms of Contract. The level of interest in this area was illustrated by the high attendance levels of senior members of Ireland’s construction industry at the seminar.

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There are five new contract forms, separate Building and Civil Engineering forms for projects where the Employer is the designer, separate Building and Civil Engineering forms where the Contractor designs the project and finally a Minor works form recommended for projects under €5 million.

The new forms were met with objection from the Construction Industry Federation (CIF) who are currently initiating a complaint to the European Commission that the Contracts undermine the procurement principles of the European Union, and will lead to widespread difficulties for small and medium sized contractors throughout Ireland.

Speaking at the seminar, Damien Keogh, Construction Partner at Matheson Ormsby Prentice outlined the implications of the new forms from a legal perspective. He noted: “Contractors will require high levels of management and programming experience that they have not previously had to engage.”

(CL/SP)